H ABDUL RASHEED Vs. MADRASA E ARABIA

JUDGEMENT

(1.) THIS appeal is by defendant, questioning the decree passed by the trial court and affirmed by the First Appellate court, directing to vacate and hand over possession on suit schedule premises and to pay damages to the plaintiff.

(2.) FACTS which have given rise to this appeal, in a nutshell are : respondent/plaintiff is a registered wakf. It owns a building complex at Ashoka Road, mysore, consisting of shops, office accommodation, etc. It has leased shop Nos. 1 and 2 therein, on monthly rent of Rs. 75/- each, to appellant/defendant. Plaintiff had filed an eviction petition under Section 21 (l) (a) and (h) of Karnataka Rent Control Act, 1961, against the defendant, which was disposed by holding that, the provisions of the said Act are not applicable to the petition schedule premises. Thereafter, terminating the tenancy of defendant, suit was filed in the Court of the civil Judge (Jr. Dn.), at Mysore, to direct the defendant to deliver vacant possession of the schedule premises and pay damages of Rs. 3,000/- per month for the wrongful use and occupation of the premises from 1-4-96, till the delivery of actual possession. Suit was contested by the defendant. Based on pleadings of the parties, issues were framed. PW-1 was examined and Ex. P1 to P10 were marked on behalf of plaintiff. DWs 1 and 2 were examined and Exs. D1 to D5 were marked on behalf of defendant. Trial Court decreed the suit in part, directing the defendant to vacate and handover vacant possession and pay damages at the rate of Rs. 2,000/- per month from 1-4-96.

(3.) APPEAL was taken on board and was admitted on 7-1-08, to examine the following substantial questions of law :